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8 Cards in this Set

  • Front
  • Back
Commission of Tort
results in CPA liability
-3 torts are relevant
-negligence
-constructive fraud
-fraud
Elements of constructive fraud
-misrepresentation of a material fact
-defendant acts with gross negligence
-intent to induce plaintiff's reliance
-actual reliance by plaintiff
-Damages
Ultramares rule
Limits CPA liability to
-persons in privity of contract with the CPA
-and intended 3rd parties
An accountant is prohibited from showing work papers to anyone without Clients permission except
-lawful subpoena
-Surviving member of the firm
-Quality Control panel
-AICPA/State trial board
-Court proceedings
Accountant client privilege
can only be claimed in States where it is recognized
Common Law negligence has 4 elements
-duty of care
-lack of due care
-casualty
-injury
CPA breaches professional duties, client and 3rd is entitled to
compensatory money damages
who is the owner of the working papers , client or auditor ?
auditor